DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TOR
Docket No: 5402-08
8 April 2009
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, United
States Code, Section 1552.
A wanee-menber panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 7 April 2009. The names and votes of the
members of the panel will be furnished upon request. Your
allegations of error and injustice were reviewed in accordance
with administrative regulations and procedures applicable to the
proceedings of this Board. Documentary material considered by
the Board consisted of your application, together with all
material submitted in support thereof, your naval record, and
applicable statutes, regulations, and policies.
After careful and conscientious consideration of the entire
record, the Board found the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy on 1 February 1984 after three years of
prior honorable service. You continued to serve without
disciplinary incident until 1 August 1985, when you were
convicted by summary court-martial (SCM) of three periods of
unauthorized absence (UA) totalling 38 days, absence from your
appointed place of duty, and two specifications of wrongful use
of marijuana. You were sentenced to a $548 forfeiture of pay,
reduction to paygrade E-3, and confinement for 30 days.
Subsequently, you were notified of pending administrative
separation action by reason of misconduct due to drug abuse. On
15 August 1985, after consulting with legal counsel, you elected
to present your case to an administrative discharge board (ADB).
On 25 September 1985 an ADB recommended discharge under other
than honorable conditions by reason of misconduct due to drug
abuse. On 1 November 1985 your commanding officer also
recommended an other than honorable discharge by reason of
misconduct due to drug abuse. This recommendation also stated,
in part, that you were aware of the Navy’s “Zero Tolerance”
policy, had tested positive for marijuana use on two occasions,
were afforded the opportunity to rehabilitate yourself but stated
a period of UA, and that you were incapable of carrying out your
duties. On 16 November 1985 the discharge authority approved
these recommendations, and on 23 November 1985 you were so
discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your period of prior honorable service, post service conduct, and
desire to upgrade your discharge. It further considered your
assertion that your other than honorable discharge does not
accurately reflect the overall character of your Naval Service.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of the seriousness of your drug related misconduct which
resulted in SCM. Accordingly, your application has been denied.
It is regretted that the circumstances of your case are such that
favorable action cannot be taken. You are entitled to have the
Board reconsider its decision upon submission of new and material
evidence or other matter not previously considered by the Board.
In this regard, it is important to keep in mind that a
presumption of regularity attaches to all official records.
Consequently, when applying for a correction of an official naval
record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
dea x)
W. DEAN PFE
Executive Dine
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